Pringle v. United States

• Decision Date: 22 June 1976
• Docket Number: Civ. A. No. 75-2073.
• Citation: 419 F. Supp. 289
• Parties: Johnny PRINGLE, Jr., Administrator of the Estate of Ronald J. Pringle, Plaintiff, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — District of South Carolina

419 F. Supp. 289

Johnny PRINGLE, Jr., Administrator of the Estate of Ronald J. Pringle, Plaintiff, v. UNITED STATES of America, Defendant.

Civ. A. No. 75-2073.

United States District Court, D. of South Carolina.

June 22, 1976.

Robert L. Hallman, Columbia, S. C., for plaintiff.

Glen E. Craig, Asst. U. S. Atty., Columbia, S. C., for defendant.

ORDER

CHAPMAN, District Judge.

This matter is before the Court upon motion of the defendant to dismiss upon the ground that the Court lacks jurisdiction of the subject matter. Defendant contends that the actions have been instituted upon claims that are barred by 28 U.S.C. § 2401(b) which provides:

"A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented."

The plaintiff is proceeding under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. alleging that their minor son died as a result of the negligent care and treatment received at Shaw Air Force Base Hospital in Sumter, South Carolina. The complaint alleges that on or about November 14, 1972 the acts of negligence occurred while the minor child was at the hospital, that these acts resulted in his death on November 15, 1972. The complaint seeks damages under the two causes of action recognized by South Carolina for wrongful death, § 10-1951 et seq. South Carolina Code of Laws 1962 and in the Survival Statute § 10-209. The beneficiaries under both actions are the plaintiff and his wife, the parents of the deceased Ronald J. Pringle.

On November 7, 1974 the Standard Form 95, Claim for Damage or Injury, was filed with the Staff Judge Advocate at Shaw Air Force Base at Sumter, South Carolina. The claimant was listed as Johnny Pringle, Administrator of the Estate of Ronald J. Pringle. One claim was filed for the alleged wrongful death of the child and a similar claim was filed the same day under the Survival Statute. Each was signed by Johnny Pringle, Jr. but neither was accompanied by any evidence of authority to present the claim on behalf of the estate.

On November 13, 1974 Captain John R. Maus, Claims Officer for the United States Air Force wrote to Robert L. Hallman, Jr., Attorney for the Plaintiff, as follows:

"Reference our telephone conversation 12 November 1974. Request your claim be consolidated into one, typed on three copies of the attached Standard Form 95's and forwarded to this office."

As a result of this letter the consolidated claims were filed on Standard Form 95 and forwarded to the Air Force on December 2, 1974. This new form was dated November 7, 1974.

The evidence conclusively shows that Johnny Pringle, Jr. applied for letters of administration on the Estate of Ronald J. Pringle on November 12, 1974. The application for appointment was returnable before the Probate Judge of Sumter County, South Carolina on November 27, 1974, but for some reason, not explained, Johnny Pringle, Jr. did not qualify to become the administrator and was not appointed by the Probate Judge as such administrator until November 14, 1975.

On May 27, 1975 Robert L. Hallman, Jr., as attorney for the plaintiff was advised by Colonel William A. Martin of the United States Air Force that the claim had been denied. The letter of denial stated in part:

"The basis of this denial is the failure of the evidence to demonstrate negligence on the part of the Air Force personnel responsible for the care and diagnosis of Ronald J. Pringle's condition. On the contrary, the evidence would indicate that the treatment received by your client's son at the Air Force Hospital was both proper and consistent with the symptoms he displayed. Additionally, it is noted that your client has not qualified as administrator of his son's estate and that, absent such qualification, he is not a proper claimant in a wrongful death action."

On November 19, 1975, five days after Johnny Pringle, Jr. was appointed administrator of the Estate of Ronald J. Pringle, deceased, the present action was commenced in this court. This action was taken within six months of the date of mailing of the final denial of the claim.

The defendant correctly asserts that the provisions of the Federal Tort Claims Act must be strictly construed since the United States, as sovereign, is immune from suit except in those cases and under those procedures provided by law. "The terms of its consent to be sued in any court define the court's jurisdiction to entertain suit." U. S. v. Sherwood, 312 U.S. 584, 61 S.Ct. 767, 85 L.Ed. 1058 (1941).

In the present case John Pringle, Jr. was the duly appointed administrator of the Estate of Ronald J. Pringle, deceased, at the time the suit was brought in this court, but was not so qualified or appointed at the time of the filing of the first two claims...